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Turkish Data Protection Authority’s Recent 
Resolution Concerning SMS, E-mail and Call Advertising

Turkey

Shortly after its establishment with the Turkish Data Protection Law No. 6698 (“Law”), the Turkish Data Protection Authority (“DPA”) has started to observe the data protection ecosystem of Turkey. In this regard, the DPA has been focusing on the areas, where data protection concerns are perceived more concentratedly. One of the instruments that the DPA has been putting to use is adopting resolutions, where the violation is prevalent.  It is worth to note that “resolutions” are different than “decisions” in nature within the meaning of the Law.

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

Turkey

After three years of investigation, on July 18, 2018, The European Commission (“Commission”) issued its decision on the well-known Android case and fined Google LLC (“Google”) an astounding €4.34 billion for abusing its dominant position. The Commission held that “since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search”. The fine imposed to Google is the biggest of all times. The decision also opens the door to civil actions under which affected parties may claim compensation for damages incurred due to Google’s abusive conduct.

Resale Price Maintenance – Following the Effect

Turkey

By publishing its reasoned decision1 on the preliminary inquiry against Duru Bulgur Gida San. ve Tic. A.S. (“DURU”), the Turkish Competition Authority (“TCA”) has added a new one to its decisions which include effect analysis of resale price maintenance (“RPM”) practices.

Sayenko Kharenko, Avellum, and White & Case Advise on EUR 349.3 Million Loan to Ukraine

Ukraine

Sayenko Kharenko and Clifford Chance have advised Deutsche Bank on a EUR 349.3 million facility extended to Ukraine under a World Bank guarantee. Avellum and White & Case advised the Ukrainian Ministry of Finance on the deal.

Avellum Advises Jacobs Douwe Egberts Ukraina on Squeeze-out and Transformation Procedures

Ukraine

Avellum has advised PrJSC Jacobs Douwe Egberts Ukraina on a minority squeeze-out procedure.

Changes to Ukraine’s Judicial System and Procedural Rules Move Country Forward

Ukraine

Ukraine has taken several important steps in recent months towards improving the country’s domestic dispute resolution mechanisms. One of those steps was the complete overhaul of the judicial system and the adoption of completely new procedural rules governing domestic litigation.

The Buzz in Macedonia: Interview with Dragan Dameski of Debarliev, Dameski & Kelesoska

Macedonia

“Unfortunately the situation in Macedonia is not bright” says Dragan Dameski, Partner at Debarliev, Dameski & Kelesoska in Skopje, referring to the prolonged political instability in Macedonia, and the “selective implementation of rule of law by the official institutions and bodies in power.”

New Changes in Macedonia’s Law on Construction Land to Ease the Sale of Land

Macedonia

The Government of the Republic of Macedonia, in its program for the period 2014-2018, incorporated a project that shall enable electronic concluding of real estate purchase agreements.

Amendments in Macedonia’s Notary Public Regulations to Bring Procedural Efficiency

Macedonia

It is expected that the new Law on Notary Public will overcome the weaknesses identified in the existing Law and will also lead to higher efficiency in the notary public operation.

EPAM Successful for Petersburg Tractor Plant in Claim of Unfair Competition Against Spetsstroymash

Russia

Egorov, Puginsky, Afanasyev and Partners has successfully defended the interests of the Petersburg Tractor Plant in an unfair competition dispute.

EPAM Successful for Abrau-Durso in Challenge to Rospatent

Russia

Egorov, Puginsky, Afanasyev and Partners has persuaded Russia's Bureau in the Chamber for Patent Disputes to overrule the decision of Rospatent and register a new trademark in the name of “Abrau-Durso.”

EPAM and Tilling Peters Successful for Bayer in Russian Patent Dispute

Russia

Egorov Puginsky Afanasiev & Partners, working with Tilling Peters, has successfully represented the interests of German multinational Bayer in a patent dispute before Russia's Intellectual Property Court, which overturned previous court rulings in the case.

Turkish DPA Warns with Principle Decision on Promotional Communications

Turkey

A. Introduction: On November 1, 2018, Personal Data Protection Board (“Board”), acting under the Personal Data Protection Authority, published its principle decision with number 2018/119 in the Official Gazette, which then corrected on November 7, 2018 (“Decision”). Board’s Decision is regarding prevention of promotional notifications, e-mail messages, text messages and calls that data subjects might receive from data controllers and data processors.

2018 FCPA Enforcement Actions and Highlights

Turkey

Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act (“FCPA”) enforcement actions compared to 2017. In 2018, the Department of Justice (“DOJ”) took a total of 40 enforcement actions, and the Securities and Exchange Commission (“SEC”) took a total of 14 enforcement actions.

Turkey Aligns its Medical Device Regulation with the EU Regulation

Turkey

In May 2017, Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices (“EU Regulation”) entered into force, stipulating a transition period for medical device manufacturers to comply with the EU Regulation by May 2020. As the title of the EU Regulation suggests, it lays down enhanced rules on medical devices, manufacturers, distributors, importers, and notified bodies. For any medical device to be put into and sold on the market, full compliance with the EU Regulation is required. The EU Regulation introduces and addresses several new principles and renders procedures pertaining to medical devices more transparent, trackable and predictable. These changes aim to ensure a high level of safety and protection for patient health and for the users within this industry, also taking into consideration the technological evolution and developments in this field.

Integrites Advises NBT on Acquisition of 750 MW Wind Project in Southeastern Ukraine

Ukraine

Integrites has supported Norwegian wind farm developer NBT on its acquisition of shares in a group of project companies for the development of 750 MW in the Zaporizhzhia region of Ukraine.

Integrites, K&L Gates, Redcliffe Partners, and Clifford Chance Advise on Funding of Giant Wind Farm in Ukraine

Ukraine

Integrites and K&L Gates have advised Norwegian utility-scale wind power developer NBT and Paris-based renewable energy independent power producer Total Eren on their entrance into a framework agreement with a syndicate of foreign lenders, including EBRD and the Nordic Environment Finance Corporation, for the construction of one of the largest wind farms in Europe. Redcliffe Partners and Clifford Chance advised the lenders and J.P. Morgan Securities Plc as debt coordinator.

Integrites Conducts Due Diligence for Business Retail Group

Ukraine

Integrites has conducted what it describes as "comprehensive legal due diligence" for the Kyiv-based Business Retail Group.

NBS Took Over Supervision of Foreign Exchange Oprations from Ministry of Finance

Serbia

As of 1 January 2019, the National Bank of Serbia (“NBS”) took over the competencies of the Ministry of Finance and its department Tax Administration for issuance and revocation of licences to perform exchange operations. The NBS also took over the supervision of foreign exchange operations of Serbian residents and non-residents, being natural persons, entrepreneurs and general legal entities. The NBS adopted several decisions in order to execute the delegated competencies:

JPM Advises China Shandong on Concession of Banja Luka-Prijedor Project

Bosnia and Herzegovina

Jankovic Popovic Mitic is advising China Shandong on the concession of the Banja Luka – Prijedor project.

Law on the Amendments and Supplements to the Air Transport Law

Serbia

On 26 October 2018 the Law on the Amendments and Supplements to the Air Transport Law ("Official Gazette of the Republic of Serbia", no. 83/2018) (hereinafter: the "Law") was adopted and entered into force on 6 November 2018.

Kinstellar, Karanovic & Partners, Radonjic Associates, and CGSH Advise on Masdar Acquisition of Wind Farm Project in Montenegro

Montenegro

Kinstellar, Shearman & Sterling, and Radonjic Associates have advised Masdar on its acquisition of a 49% share in Krnovo Green Energy from a subsidiary of Akuo Energy. Cleary Gottlieb Steen & Hamilton and Karanovic & Partners advised Akuo Energy, while Allen & Overy acted as general counsel for the lenders.

Karanovic & Partners and Osborne Clarke Advise on Epic Games Acquisition of 3Lateral

Serbia

Karanovic & Partners has supported Epic Games in its acquisition of 3Lateral, a developer of digital humans technology and creative content. Osborne Clarke advised 3Lateral on the matter. No other details were released.

The Evolution of NPLs in Serbia

Serbia

The NPL market in Serbia traditionally knows of only two concerns, embodied in the numbers 48 and 204. Although you would assume that numerology had something to do with this assertion, the backstory is actually a lot more appealing.

Comparing the National Salaries and Tax Wedges with European Standards

Hungary

One of the most significant limitations of the national economic capacity is labour shortages, namely the lack of professionals, skilled and experienced workforce. In order to recruit the best qualified candidates, companies shall develop ways to become attracting.

New administrative court system to be set up from 2020 in Hungary

Hungary

In early 2017 the Hungarian Parliament passed the Code of Administrative Litigation as a beginning of the reform of the central administration. As the final step, the Hungarian Parliament adopted a law on the Administrative Courts on 12 December 2018. The goal of the new legislation was to ’restore the prestige of the administrative courts’ which was abolished in 1949. Since then no separate administrative court system existed, it was integrated into the civil courts.

Significant Amendments To The Hungarian Land Act

Hungary

The amendments of the Act on the Transactions in Agricultural and Forestry Land (Land Act) entered into force on 11 January 2019. Based on the new rules, in the approval procedure of the sale and purchase agreement for agricultural lands, the regional entity of the Hungarian Chamber of Agriculture as local land committee will prepare an opinion whether the sale and purchase agreement is in compliance with the aspects included in the Land Act (e.g. transparency of the relationship of tenures, preventing speculative land acquisition). The amendment determines the conditions that shall be considered in the course of the assessment of the compliance with these aspects, such as the purchase price of the land, the lands already owned by the purchaser, or how the sale and purchase of the land serves the acquisition of ownership of young farmers or new agricultural producers.

KSB Appoints Drahomir Tomasuk to Partner

Czech Republic

Drahomir Tomasuk has been made Partner at Kocian Solc Balastik in the Czech Republic.

KSB Successful for Asiana in Unfair Competition Challenge to Student Agency

Czech Republic

Kocian Solc Balastik has successfully represented Asiana in a dispute with transportation company Student Agency before the Regional Court in Brno.

The Buzz in the Czech Republic: Interview with Sylvie Sobolova of KSB

Czech Republic

Recently-introduced reforms to the Czech Code of Civil Procedure, the country’s new Act on Insurance Distribution, and the Istanbul Convention on Domestic Violence are among the topics Czech lawyers are most commonly discussing at the moment, according to Kocian Solc Balastik Partner Sylvie Sobolova.

Vujacic Advises Atlas Invest on Sale of Budva Property

Montenegro

Law Office Vujacic has advised Atlas Invest on the sale of "The Old Post" building in Budva, Montenegro, to an unnamed private individual, for EUR 3.2 million.

Intellectual Property Rights in Montenegro

Montenegro

The development of intellectual property rights in Montenegro started when Montenegro became independent in 2006 and since the Intellectual Property Office of Montenegro – which deals with industrial property rights – started operations in 2008.

As a developing country and a candidate state for the EU and NATO, Montenegro has done a great deal to establish an effective legal and institutional framework in many areas.

Bojana Tkalcic-Dulic Retirest from Tkalcic-Djulic, Prebanic & Jusufbasic-Goloman

Bosnia and Herzegovina

Bosnia and Herzegovina's Tkalcic-Djulic, Prebanic & Jusufbasic-Goloman Law Firm has announced that Senior Partner Bojana Tkalcic-Dulic retired at the end of 2018. 

The Buzz in Bosnia & Herzegovina: Interview with Arela Jusufbasic-Goloman, Partner of Tkalcic-Dulic, Prebanic, Rizvic & Jusufbasic-Goloman

Bosnia and Herzegovina

Tkalcic-Dulic, Prebanic, Rizvic & Jusufbasic-Goloman Partner, Arela Jusufbasic-Goloman, says that no significant laws or regulations have been passed in Bosnia & Herzegovina recently that could influence the work of lawyers or the business sector, although they are much needed.

The Buzz in Bosnia & Herzegovina: Interview with Adela Rizvic of Advokatski Ured Tkalcic-Dulic, Prebanic, Rizvic i Jusufbasic-Goloman

The Buzz

"There are certain developments influencing our day-to-day business,” says Adela Rizvic, Partner at Advokatski Ured Tkalcic-Dulic, Prebanic, Rizvic i Jusufbasic-Goloman in Sarajevo.

Guest Editorial: Will A.I. Ultimately Be Our Undoing?

Czech Republic

Less than 30 years after the wholescale introduction of computers into the legal profession, we find ourselves on the brink of a 4th industrial revolution. Today, we have cars that can drive on their own, we can print almost anything (including entire buildings and human body parts) on a 3D printer, and the Internet of Things is becoming a natural part of our everyday lives. All these tools are making our lives easier and more comfortable. And as the business world adapts to this new era, the legal profession obviously cannot stay behind.

Wilsons and PRK Partners Asvise on Sale of Green Tower in Prague

Czech Republic

Wilsons has advised European warehouse developer P3 on its sale of Green Tower, an office building located in Prague, to a private Czech investor. PRK Partners advised the buyer on the deal, which was completed in December 2018. The price was not disclosed.

PRK Partners Advises Moneta Money Bank on Move to New Premises in Prague

Czech Republic

PRK Partners has assisted Moneta Money Bank, a.s., the fourth-largest banking institution in the Czech Republic, with respect to the relocation of its headquarters to new premises, covering 21,500 square meters in BB Centrum’s Building A in Prague.

Miro Senica and Attorneys and Rojs, Peljhan, Prelesnik & Partners Advise on Sale of Gorenje Surovina to Eko Surovina

Slovenia

Law firm Miro Senica and Attorneys has advised household appliance manufacturer Gorenje d.d., on its December 20, 2018 sale of Gorenje Surovina d.o.o., a waste management services provider in Slovenia, to Eko Surovina d.o.o., a member of the Rastoder Group. Rojs, Peljhan, Prelesnik & Partners advised the buyers on the deal.

Selih & Partners and RPPP Advise on KJK Fund Acquisition of Sporting Goods Manufacturer Elan

Slovenia

Selih & Partners has advised the KJK Fund on its acquisition of Slovenian sporting goods manufacturer Elan from MLI (part of the Bank of America Merrill Lynch group) and Wiltan (part of VR Capital group) as sellers of Elan. Rojs, Peljhan, Prelesnik & Partners advised the sellers.

Selih & Partners and RPPP Advise on Syndicated Loan for Interblock Group

Slovenia

Selih & Partners has advised Slovenia's NLB banking and finance group on a long-term syndicated loan of USD 72 million and a mid-term revolving facility of EUR 30 million extended by a consortium of banks which it belongs to the Interblock Group. Rojs, Peljhan, Prelesnik & Partners advised Interblock on the deal.

BDK Advokati and SOG Advise on Dnata Serbian EAP Shared Services Acquisition

Serbia

BDK Advokati has advised Dnata, a global corporation based in the United Arab Emirates, on the acquisition of all the shares in Serbian EAP Shared Services d.o.o. from Etihad Airport Services LLC. Samardzic, Oreski & Grbovic advised Etihad Airport Services on the deal.

Digitalizing the Business World of Serbia

Serbia

The National Assembly of the Republic of Serbia has, on 8 June 2018, adopted the Amendments to the Companies Act (“the Amendments”).  As already observed, the provisions set out under the Amendments represent an answer to adjusting to the current business needs in Serbia.

More Steps Forward to EU Health Protection Regulations

Serbia

The Rulebook on Registers governing by Serbian Chambers of Commerce (the Rulebook) has been adopted. In accordance with the Serbian Medical Devices Act, three new registers will be established:

CMS and DLA Piper Advise Erste Group Immorent on Sale of Croatian Hotel Resort

Croatia

CMS (on M&A) and DLA Piper (on financing) have advised Erste Group Immorent on the sale of the five-star hotel and apartment complex Radisson Blu Resort & Spa, Dubrovnik Sun Gardens to Chinese investor ADC GmbH. Savoric & Partner advised the buyer on the deal.

The Buzz in Croatia: Interview with Boris Savoric of Savoric & Partners

The Buzz

The relative success of the center-right Croatian Democratic Union in the September 11th extraordinary parliamentary election in Croatia “should be good for Croatia and good for business" reports Boris Savoric, Senior Partner at Savoric & Partners in Zagreb, if the party succeeds in forming a government with one of the minority parties in the country.

The Glass CEEling

Baker McKenzie

Women’s Day is behind us, but the subjects of gender equality and equal opportunity are of year-round concern. This, the first part of a special two-part CEE Legal Matters article on women in private practice in CEE, provides the numbers and percentages from leading law firms across CEE, as well as a more thorough snapshot of one representative market. Part II of the report, in the June issue, will pull back the curtain even more, providing feedback and perspectives from lawyers across the region.

Suciu Popa Advises Central Bottling on Acquisition of Sole Control of Muller Romania

Romania

Suciu Popa has advised Central Bottling Company Ltd. on acquisition of sole control of Muller Romania, the Romanian subsidiary of Molkerei Alois Muller GmbH & Co. KG, a multinational producer of dairy products.

Suciu Popa Successful for Hidroelectrica in Class Action Labor Law Claim

Romania

Suciu Popa has successfully represented Hidroelectrica S.A in a class action lawsuit initiated by 3,000 employees concerning certain rights claimed under the collective bargaining agreement.

The Buzz in Romania: Interview with Luminita Popa of Suciu Popa

Romania

“These are interesting and challenging times right now for the legal and business community,” says Suciu Popa Managing Partner Luminita Popa, referring to changes introduced by the Romanian government at the end of 2018. 

Romania: Enforceability of Drag-Along Mechanism for Limited Liability Companies

Romania

Of the five types of corporation that may be established under Romanian law, joint stock and limited liability companies continue to be the most common. Recent statistics show that almost 1 million companies are active in Romania, of which approximately 800,000 are limited liability or joint stock companies. Further, the number of limited liability companies is reportedly double that of joint stock companies.

Schoenherr Takes Dispute Resolution Team from Wolf Theiss in Poland

Poland

Schoenherr Warsaw has taken a team of three arbitration and litigation lawyers led by Partner Marcin Aslanowicz from Wolf Theiss.

Austria: Hurdles for Short-Term Apartment Rentals

Austria

Neighbours and communities don't like it, but apartment owners love it, because they can multiply their income. Short-term rental to tourists or businesspeople who stay for just a few weeks is very controversial. Both courts as well as the legislative bodies of the Austrian provinces have found ways to restrict it.

Amendments and Supplements to the Law on Agricultural Land

Serbia

Foreigners acquiring ownership of agricultural land in the Republic of Serbia.

The Fashion of the Day: Balkan Legal Alliances

Legal Markets

Partners at Serbian Law Firms Discuss the Growing Number of Legal Alliances Appearing Across the Former Yugoslavia 

Serbia: Terms and Conditions for Attracting Direct Investments

Serbia

In late December 2016, the Government of Serbia passed the new Decree on Terms and Conditions for Attracting Direct Investments. The Decree supplements the Law on Investments (2015), regulating in finer detail criteria, conditions and means of attracting direct investments, in particular granting of State incentive funds for investment projects. 

Bondoc & Asociatii and Wolf Theiss Advise on Sale of Prominent Romanian Winery

Romania

Bondoc & Asociatii has advised Sarica Niculitel on the acquisition of the Zoresti winery from Domaine Vinarte, which was supported by Wolf Theiss.

Schoenherr Takes Dispute Resolution Team from Wolf Theiss in Poland

Poland

Schoenherr Warsaw has taken a team of three arbitration and litigation lawyers led by Partner Marcin Aslanowicz from Wolf Theiss.

A Fond Farewell: Wolf Theiss’s Ron Given is Going Home to Chicago

Poland

CEE Legal Matters has learned that, after ten years in CEE, and shortly after attending the annual Deal of the Year Awards Banquet in Budapest, Wolf Theiss Warsaw Co-Managing Partner Ron Given – a key member of the Deal of the Year Final Selection Committee, as he was last year – will be bidding adieu to the region and heading back home. We reached out to Given, a long-time friend of and supporter of CEE Legal Matters, to learn more, and to get his thoughts on a productive, profitable, and geographically-diverse decade in Central and Eastern Europe.

Watson, Farley & Williams Advises on Financing Agreement with Metric Capital Partners

lmf.at

Watson Farley & Williams
Typography

Watson, Farley & Williams has advised Leobersdorfer Maschinenfabrik (LMF), a portfolio company of the Equita private equity company, on a new financing agreement with European private capital fund manager Metric Capital Partners.

The financing by Metric is expected to support further international growth to reinforce LMF’s positioning as a global provider of premium compressor systems. 

Leobersdorfer Maschinenfabrik is headquartered in Leobersdorf, Austria, and is a leading manufacturer of made-to-order high-pressure piston compressors for natural gases, process gases and air. LMF’s compression solutions are provided for a range of niche applications in the oil and gas industry. Equita is an independent private equity company unaffiliated to banks, acquiring majority stakes in medium-sized companies in the German-speaking markets.

The WFW team advising EQUITA and LMF on the facility and related documentation was led by WFW Partner Stefan Kilgus, with support from Simon Preisenberger and Associates Alexander Wojtek and Marcus Mutzelburg.

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